Panel Done Amending Watershed Ordinance

Clashes With Builders Dominate Final Session

June 11, 1999|By Casey Bukro, Tribune Staff Writer.

Amid challenges from home builders to its authority, the Lake County Stormwater Management Commission has adopted the last of 120 amendments to the Watershed Development Ordinance that governs development near lakes, streams and marshes.

Adoption of the last eight, and most controversial, amendments to the 1992 ordinance ended 16 months of negotiations among home builders, environmentalists and county and municipal officials.

The amendment package will go before the Lake County Board's Planning, Building and Zoning Committee for review and possible adoption Monday as a key part of the proposed Unified Development Ordinance, which would govern building and zoning in unincorporated Lake County. Final adoption would be by the full County Board.

The clash between home builders and government officials was so harsh in a bruising session last week that stretched into the early-morning hours that commission Chairman Richard Welton threatened to leave.

"I'm going to walk out of here," said Welton, if the bitter disagreement continued over the need for natural buffer zones around bodies of water and other issues.

The Watershed Development Ordinance (WDO) is a powerful document that applies countywide. Other parts of the proposed Unified Development Ordinance would apply only to unincorporated areas.

"It's a significant milestone in the ordinance amendment process," said Mike Warner, the Stormwater Management Commission's chief engineer, adding that much of the WDO addresses "floodplain management and water-quality protection."

In a county that is wet and flood-prone, the WDO governs development around sensitive natural resources such as lakes, streams, wetlands and ponds--features that prompt some of the toughest fights between developers and environmentalists.

Though most of the 120 amendments clarify language in current WDO regulations, the last eight deal with controversial buffer zones, subdivision flood detention, wet soils, enforcement and drain tiles.

By far the most controversial was the issue of buffer zones--usually grassy or open natural areas around lakes or other sensitive natural features. Current regulations call for 30-foot buffer zones, but a proposed amendment called for extending them up to 100 feet.

"We think you are over your heads," said Jerry Conrad, executive vice president of Cambridge Homes Inc. of Libertyville, at last week's marathon session. "We don't think you have the authority to require buffers.

"To put 30-foot buffers (in a development) takes 9 acres of my property and $300,000 that did nothing for water quality. I don't think you or any public entity has a right to take my property. You just want more open space. For the record, we're not going to let you take our land."

Warner said buffer zones are needed to improve water quality by filtering storm water. Conrad and Peter Tremulis, another developer, disputed that.

"This 100-foot (buffer) is doing absolutely nothing," Tremulis said.

"Where are your tests?" asked Conrad. "There is no data presented."

Welton offered to compromise, but the commission adopted the amendment as written.

"I don't want you to compromise because it's midnight and you're tired," said Susan Zingle, executive director of the Lake County Conservation Alliance.

Addressing questions raised by the builders, Welton admitted it is unclear who would maintain buffer zones. He said homeowners associations might be responsible.

Warner noted that most of the amendments had been approved in advance by a technical advisory committee, which included builders.

Welton said Lake County faces rapid growth and officials are forced to try new techniques to protect the environment and water quality as part of a "smart-growth" plan.

"We've made every attempt to accommodate the environmental and entrepreneurial communities," Welton said. "I don't know of anything that would make everyone happy, but we have made every effort. I don't say all our solutions are right, but we have to make an attempt."

A law firm representing the Home Builders Association of Lake County sent a letter dated May 5 to Welton, saying many of the proposed WDO amendments exceed the commission's authority and would make the county's storm-water plan complex, too technical, cumbersome and contrary to the rights of property owners and would overlap federal regulation.